87R10812 TSS-F
	By: West	S.B. No. 1967

	A BILL TO BE ENTITLED
	AN ACT
	relating to the establishment of a task force relating to reducing
	family violence by providing for the transfer of firearms.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 72, Government Code, is amended by
	adding Subchapter H to read as follows:
	SUBCHAPTER H. TASK FORCE TO REDUCE FAMILY VIOLENCE BY CREATING
	STANDARDS RELATED TO FIREARMS TRANSFER
	Sec. 72.251.  DEFINITIONS. (a) In this section:
	(1)  "Family violence" has the meaning assigned by
	Section 71.004, Family Code.
	(2)  "Family violence center" means a public or private
	nonprofit organization that provides, as its primary purpose,
	services, including the services under Section 51.005(b)(3), Human
	Resources Code, to victims of family violence, as defined by
	Section 51.002, Human Resources Code.
	(3)  "Firearm" has the meaning assigned by Section
	46.01, Penal Code.
	(4)  "Task force" means the task force created under
	this subchapter relating to the transfer of firearms to reduce
	family violence.
	Sec. 72.252.  TASK FORCE MEMBERSHIP. (a) The task force is
	composed of 19 members appointed as provided under this section.
	(b)  The director shall appoint to the task force:
	(1)  one member who is a representative of the office;
	and
	(2)  one member from a statewide family violence
	advocacy organization.
	(c)  The members appointed under Subsection (b) shall serve
	as presiding officers of the task force and shall jointly appoint
	the remaining 17 members of the task force as follows:
	(1)  one member from the bureau of identification and
	records of the Department of Public Safety;
	(2)  two members from nonprofit organizations that
	serve the victims of family violence, at least one of whom is an
	attorney licensed in this state whose practice includes the
	representation of victims of family violence applying for
	protective orders under Title 4, Family Code;
	(3)  one member from a family violence center;
	(4)  one member who is a judge or associate judge with
	experience hearing criminal proceedings relating to family
	violence;
	(5)  one member who is a judge or associate judge with
	experience hearing proceedings relating to the issuance of a
	protective order under Title 4, Family Code;
	(6)  one member who is a prosecuting attorney with
	experience in prosecuting offenses involving family violence;
	(7)  one member who is a prosecuting attorney with
	experience in representing a person seeking a protective order
	under Title 4, Family Code;
	(8)  one member who is a magistrate with experience in
	proceedings relating to:
	(A)  orders for emergency protection under
	Article 17.292, Code of Criminal Procedure; and
	(B)  the conditions of bond in cases involving
	family violence;
	(9)  one member from a law enforcement agency;
	(10)  one member from the Texas Commission on Law
	Enforcement;
	(11)  one member from the Texas Center for the
	Judiciary;
	(12)  one member from the Permanent Judicial Commission
	for Children, Youth and Families established by the supreme court;
	(13)  one member from the Texas Municipal Courts
	Education Center;
	(14)  one member from the Texas Justice Court Training
	Center;
	(15)  one member from the County and District Clerks'
	Association of Texas; and
	(16)  any other member whom the presiding officers
	determine to be appropriate and who consents to serve on the task
	force.
	(d)  Appointed members of the task force serve at the will of
	the appointing authority. A vacancy on the task force must be
	filled in the same manner as the original appointment.
	Sec. 72.253.  MEETINGS; COMPENSATION. (a) The task force
	shall meet at the call of the presiding officers.
	(b)  Members of the task force serve without compensation or
	reimbursement for expenses.
	Sec. 72.254.  DUTIES. (a) The task force shall develop
	policy recommendations, model forms, and guidelines for best
	practices related to:
	(1)  the transfer or other disposition of a firearm a
	person is prohibited from possessing under a judgment or order
	issued as a result of or to prevent family violence, including:
	(A)  a protective order issued under Title 4,
	Family Code;
	(B)  a magistrate's order of emergency protection
	issued under Article 17.292, Code of Criminal Procedure, that
	requires the defendant to transfer firearms for the duration of the
	order;
	(C)  an order setting the conditions of bond for a
	defendant charged with an offense involving family violence that
	requires the defendant to transfer firearms during the pendency of
	the case;
	(D)  an order granting community supervision to a
	defendant convicted of an offense involving family violence;
	(E)  an order placing the defendant on deferred
	adjudication community supervision for an offense involving family
	violence that requires the defendant to transfer firearms as a
	condition of deferred adjudication community supervision; and
	(F)  a judgment of conviction for an offense
	involving family violence; and
	(2)  the receipt, storage, and return or other
	disposition of a firearm transferred under Subdivision (1).
	(b)  In developing the recommendations, forms, and
	guidelines required under this section, the task force shall:
	(1)  prioritize the safety of victims of family
	violence and law enforcement personnel;
	(2)  ensure due process is provided;
	(3)  provide specific guidance on:
	(A)  policies and procedures for the transfer or
	other disposition of a firearm by a person subject to a judgment or
	order described by Subsection (a)(1);
	(B)  policies and procedures for the receipt and
	disposition of a transferred firearm by a firearms dealer licensed
	under 18 U.S.C. Section 923 or a person not prohibited from
	possessing a firearm by state or federal law;
	(C)  policies and procedures for the receipt and
	storage of a transferred firearm by a law enforcement agency or
	other governmental entity and standards of care regarding the
	storage of the firearm;
	(D)  policies and procedures for the return or
	other disposition of a transferred firearm by the law enforcement
	agency or other governmental entity storing the firearm after an
	order described by Subsection (a)(1) expires or is rescinded; and
	(E)  policies and procedures for compensating the
	owner of a firearm that is damaged or destroyed while in the
	possession of a law enforcement agency or other governmental entity
	or while in the possession of an entity operating under a contract
	with a governmental entity for the purpose of storing firearms;
	(4)  require verification that a person subject to a
	judgment or order described by Subsection (a)(1) has transferred or
	otherwise disposed of all firearms in the person's possession; and
	(5)  provide for an enforcement option if a
	verification is not made within 48 hours of the issuance of a
	judgment or order described by Subsection (a)(1).
	(c)  The task force shall make available all
	recommendations, forms, and guidelines developed under this
	section to all judges with jurisdiction over cases involving family
	violence in this state and all law enforcement agencies with
	jurisdiction in this state.
	Sec. 72.255.  ADMINISTRATIVE SUPPORT. The office shall
	provide reasonably necessary administrative and technical support
	for the activities of the task force.
	Sec. 72.256.  ASSISTANCE WITH RECOMMENDATIONS. The office
	shall seek the assistance of the task force before the office makes
	any recommendation as a result of the work done by the task force.
	Sec. 72.257.  EXPIRATION DATE. The task force is abolished
	and this subchapter expires on September 1, 2023.
	SECTION 2.  As soon as practicable after the effective date
	of this Act, the appropriate persons shall appoint the members of
	the task force created by Subchapter H, Chapter 72, Government
	Code, as added by this Act.
	SECTION 3.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution.  If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2021.